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2007 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Charles R. Hawkins

Clerk: Hobie Lehman, Charles Shotton
Staff: M. Farber, E. Porter
Date of Meeting: January 22, 2007
Time and Place: 9 AM Senate Room B

S.B. 797

Patron: Potts

Farm-to-school website.  Requires the Commissioner of Agriculture and Consumer Services to establish a website to promote Virginia farm products to educational institutions.

A BILL to amend the Code of Virginia by adding a section numbered 3.1-14.4, relating to establishing a farm-to-school website.

072535788

S.B. 798

Patron: Locke

Sewage overflows.  Authorizes the State Water Control Board to issue administrative orders to owners of municipal sewer systems that need corrective actions to prevent sanitary sewer overflows. Places a "safe harbor" provision into Virginia law similar to that found in Section 309 of the Clean Water Act.

A BILL to amend and reenact §§ 62.1-44.19:2 and 62.1-44.29 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-44.19:2.1, relating to the prevention of sewage overflows and the pollution of state waters.

078857750

S.B. 882

Patron: Deeds

Loss of hunting lands.  Establishes a policy that there will be no net loss of public lands on which hunting occurs.

A BILL to amend and reenact § 29.1-103 of the Code of Virginia, relating to the loss of public lands for hunting.

078106724

S.B. 930

Patron: Ticer

Humane investigators. Restores the humane investigator program to its pre-2003 status. In 2003, the law was amended to limit (i) the number of humane investigators to those currently serving and (ii) the number of programs to those currently in operation. The 2003 bill allowed those appointed prior to July 1, 2003, to be reappointed for three-year terms. This bill removes the limitations placed on the program by the 2003 law.

A BILL to amend and reenact § 3.1-796.106 of the Code of Virginia, relating to humane investigators.

072533828

S.B. 950

Patron: Quayle

Muzzle-loading rifle ordinances.  Removes the authority of localities to adopt ordinances that permit the use of muzzle-loading rifles during prescribed open seasons.

A BILL to amend and reenact § 29.1-528 of the Code of Virginia, relating to muzzle-loading rifle hunting ordinances.

079015800

S.B. 951

Patron: Quayle

Adoption of stray animals.  Allows a person living in any political subdivision of the Commonwealth to adopt a stray animal. Currently, persons residing in the locality for which the pound is operated or in an adjacent locality can adopt an animal from a pound; however, any resident regardless of where he lives can adopt an animal if it is sterilized.

A BILL to amend and reenact § 3.1-796.96 of the Code of Virginia, relating to the disposition of stray animals.

079016800

S.B. 1061

Patron: Watkins

Local regulation of fertilizer.  Prohibits localities from regulating the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers more stringently than the U.S. Environmental Protection Agency or the Department of Environmental Quality.

A BILL to amend the Code of Virginia by adding a section numbered 3.1-106.4:1, relating to the regulation of fertilizer.

070965840

S.B. 1076

Patron: Ruff

Exemptions for disabled persons. Authorizes the Department of Forestry and the Board of Game and Inland Fisheries to adopt regulations that allow disabled persons increased access to hunting, fishing, and trapping opportunities.

A BILL to amend the Code of Virginia by adding sections numbered 10.1-1153.1 and 29.1-508.2, relating to the adoption of regulations to allow disabled persons increased access to hunting, fishing, and trapping activities.

072119812

S.B. 1115

Patron: Quayle

Sale of trees and timber.  Places the proceeds from sale of the timber and trees taken from (i) state park lands into the State Park Conservation Resources Fund and (ii) natural area preserves into the Natural Area Preservation Fund. The bill also requires competitive bids when the appraised value of the trees is more than $25,000. Currently, the threshold for competitive bidding is $10,000.

A BILL to amend and reenact § 10.1-113 of the Code of Virginia, relating to timber management in natural area preserves.

075260118

S.B. 1190

Patron: Reynolds

Fighting of cocks and other animals.  Makes it a Class 6 felony for any person to engage in the fighting of cocks or other animals except dogs. Under the dogfighting statute, it is currently a Class 6 felony to engage in dogfighting. The bill also makes it a Class 6 felony to possess to train, transport, or sell any animal for the purpose of fighting. The penalty for attending a cock or other animal fight is increased from a Class 3 misdemeanor to a Class 1 misdemeanor.

A BILL to amend and reenact § 3.1-796.125 of the Code of Virginia, relating to the fighting of cocks and other animals; penalty.

079183808

S.B. 1241

Patron: Newman

Boating Safety. Makes it a Class 4 misdemeanor for anyone to operate a motorboat on the waters of any inland lake wholly located in Virginia without having successfully completed an approved boating safety education course. The education requirement is phased in so that by July 1, 2016, all motorboat operators will have been required to complete and pass a course or an equivalency exam. The Board of Game and Inland Fisheries is directed to develop and administer the mandatory boating safety education program through the promulgation of regulations, taking into account comments from the public. There are a number of ways a person can comply with the law other than successfully completing an approved course, such as passing an equivalency examination and possessing a valid license issued to maritime personnel. The bill also repeals the law that requires at least one game warden to patrol Smith Mountain Lake during the boating season. Persons participating in regattas, races, marine parades, tournaments or exhibitions approved by the Board of Game and Inland Fisheries or the U.S. Coast Guard are exempt from having to complete a boating safety course.

A BILL to amend and reenact § 29.1-748 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 29.1-735.2, and to repeal § 29.1-739.2 of the Code of Virginia, relating to boating safety on any inland lake wholly located within the Commonwealth; penalty.

072519776

S.B. 1300

Patron: Newman

Storage of sewage sludge.  Provides that a locality may adopt an ordinance that requires that a special exception or a special use permit be obtained for the routine storage or temporary storage of sewage sludge in its jurisdiction, including any area that is zoned as an agricultural district or classification. No person shall apply to the State Health Commissioner or the State Water Control Board for a permit or a permit modification authorizing such storage without first complying with all requirements that may be adopted by a locality. Furthermore, this bill provides that the Board of Health and the Department of Environmental Quality will promulgate regulations consistent with the bill's provisions.

A BILL to amend and reenact §§ 32.1-164.5 and 62.1-44.19:3 of the Code of Virginia, relating to storage of sewage sludge.

071615776

S.B. 1301

Patron: Newman

Water Quality Improvement Fund; CSO funding for the City of Lynchburg.  Provides that the first $3 million in each fiscal year appropriated to the Water Quality Improvement Fund from surplus revenues and any unreserved general fund balance would be deposited into a special fund to be used to help eliminate combined sewer overflow (CSO) in the City of Lynchburg. The total amount used for CSO in the City of Lynchburg from the Water Quality Improvement Fund would equal $30 million, $3 million in each fiscal year for the next 10 fiscal years beginning July 1, 2007.

A BILL to amend and reenact § 10.1-2128 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 10.1-2132.1, relating to combined sewer overflow in the City of Lynchburg.

077448776

S.B. 1313

Patron: Hawkins

Land application of sewage sludge.  Requires that the local government certify as part of the state permit application to land apply sewage sludge that the site of the proposed spreading of sewage sludge is in compliance with all local ordinances. The bill also gives localities the authority to adopt an ordinance that reasonably restricts the land application of sewage sludge to certain areas or parcels based on public health, welfare, or safety criteria. The Department of Environmental Quality or the Department of Health permit application filled out by the person applying the sewage sludge is not considered complete until there is such local certification.

A BILL to amend and reenact §§ 32.1-164.5 and 62.1-44.19:3 of the Code of Virginia, relating to land application of sewage sludge.

072540736

S.B. 1314

Patron: Reynolds

Boating under the influence.  Makes the blood or breath testing protocol for boating under the influence (BUI) consistent with that used for driving under the influence (DUI).

A BILL to amend and reenact § 29.1-738.2 of the Code of Virginia, relating to operating a boat under the influence of drugs or alcohol.

074779118

S.B. 1322

Patron: Newman

Governor's budget; proposed appropriations. Requires the Governor to include in his proposed budget for each of the next 10 fiscal years a $3 million appropriation for combined sewer overflow controls in the City of Lynchburg. The funding sources for the proposed appropriation would be any surplus revenues and unreserved general fund balance, which are otherwise designated for deposit into the Virginia Water Quality Improvement Fund.

A BILL to amend and reenact §§ 2.2-1509 and 10.1-2128 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 10.1-2132.1, relating to combined sewer overflow in the City of Lynchburg.

077458776

S.B. 1333

Patron: Chichester

Aquaculture. Sets guidelines for the placement of temporary shellfish enclosures in state waters to ensure that enclosures may be easily located and removed if (i) a threat to navigation arises, (ii) the enclosure is idle, or (iii) the lease conditions are otherwise violated.

A BILL to amend and reenact §§ 28.2-603 and 28.2-1203 of the Code of Virginia, relating to aquaculture.

079252712

S.B. 1339

Patron: Newman

Land application of biosolids. Consolidates the program that regulates the application of biosolids (sewage sludge) under one agency, the Department of Environmental Quality (DEQ). Currently, the responsibility for regulation of the land application of biosolids is split between DEQ and the Department of Health. The bill also requires the on-site presence of state or local officials when biosolids are being applied and assesses a fee of $7.50 on each dry ton of sewage sludge applied in the Commonwealth. The bill becomes effective on July 1, 2008, provided that adequate funds have been appropriated and adequate positions have been authorized to administer the program.

A BILL to amend and reenact § 62.1-44.19:3 of the Code of Virginia, to amend the Code of Virginia by adding in Article 4 of Chapter 3.1 of Title 62.1 sections numbered 62.1-44.19:3.1 through 62.1-44.19:3.4, and to repeal §§ 32.1-164.2 through 32.1-164.7 of the Code of Virginia, relating to regulation and management of the land application of sewage sludge.

072558776

S.B. 1345

Patron: Lambert

Reporting of suspected dogfighting.  Requires public employees, employees of or volunteers at pounds and shelters, and veterinarians to report to animal control or law-enforcement officers injuries to a dog when the injury is consistent with fighting of dogs. If such persons fail to make such a report they are subject to a Class 3 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 3.1-796.124:1, relating to the reporting of suspected dogfighting; penalty.

072552748